S) Nw STATE OF FLORIDA en DEPARTMENT OF BUSINESS AND PROFESSIONAL RE@QULMW1@N PM 3:57 ADMIN SIRATIVE NEE : 7 DEPARTMENT OF BUSINESS AND HEARINGS PROFESSIONAL REGULATION, Petitioner, Vv. DBPR Case No. 99-05244 JUDITH MICHELE HUTCHESON, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against Respondent, JUDITH MICHELE HUTCHESON, ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of Community Association Management pursuant to Section 20.165, and Chapters 455 and 468, Part VIII, Florida Statutes. 2. Respondent is duly licensed as a Community Association Manager in the State of Florida, License No. CAM 0019228. 3. Respondent’s address of record is 6905 Rex Lane, Sarasota, Florida 34243. 4. Respondent was employed by Seaplace Association, Inc. hereinafter referred to as “the Association,” for approximately twelve (12) years as financial secretary. 5. An audit revealed that Respondent diverted approximately $137,148.41 of unauthorized Association funds for her personal use. rw) Nw] 6. Respondent admitted to the theft of funds when confronted by the Association. 7. Respondent was arrested and charged with Grand Theft by the Sarasota State Attorey’s Office on or about June 1, 1999. 8. Respondent’s criminal case, Case Number 99-18129-CF-001, in the Circuit Court of the Twelfth Judicial Circuit in and for Sarasota County, Florida, is currently scheduled for trial in November 2000. 9. §468.436(1)(b)(2), Florida Statutes, states that violating an order or rule of the department or council constitutes grounds for which disciplinary action may be taken. COUNT 1 10. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine, as though fully set forth herein. 11. — §61-20.503(7), Florida Administrative Code, states that a licensee shall use funds - received by him on account of the community association only for the specific purpose for which the funds were remitted. 12. Respondent diverted approximately $137,148.41 of unauthorized Association funds for her personal use. 13. Based on the foregoing, Respondent violated a rule rendered or adopted by the department or the council pursuant to §$468.436(1)(b)(2), Florida Statutes, through a violation of §61-20.503(7), Florida Administrative Code, by using community association funds for inappropriate purposes. COUNT 2 14. Petitioner realleges and incorporates the allegations set forth in Paragraphs One through Nine, as though fully set forth herein.- VW LA 15. §468.436(1)(b)(5), Florida Statutes, states that committing acts of gross misconduct or gross negligence in connection with the profession of community association management is a violation for which disciplinary action may be taken. 16. Respondent diverted approximately $137,148.41 of unauthorized Association funds ~ for her personal use. ) 17. Based on the foregoing, Respondent has violated §468.436(1)(b)(2), Florida Statutes, through a violation of §468.436(1)(b)(5), Florida Statutes, by committing acts of gross negligence in that Subject used community association funds for inappropriate purposes. WHEREFORE, Petitioner respectfully requests the Department to enter an Order imposing one or more of the penalties authorized by Sections 468.436(3), and 455.227(2), Florida Statutes. . ran : SIGNED this 2% day of DO vac , 2000. Bee yu By: David K. Minacci ° Lead Professions Attorney f ation : : fessional Ragu! Allison H. Deison ment of Business and Pro! Departmen! DEPUTY CU Assistant General Counsel . Department of Business and 7 Nichole Professional Regulation Pyardm i CLERK 1940 North Monroe Street Tallahassee, Florida 32399-2202 DATE 75-20 — AHD/knb Case No. 99-05244 June 15, 2000 COUNSEL FOR a,

Docket for Case No: 00-003489PL